Foster v. United States

The sole issue raised by this appeal is whether the conduct of a trial judge in two pretrial hearings in this case was such that the judge’s final refusal to recuse herself from ruling on a motion to reduce sentence was a violation of Canon 3(c)(1) of the Code of Judicial Conduct, which provides in relevant part: “A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned.” While the reasons given by the trial judge for denying appellant’s first motion for re-cusal were based on erroneous assumptions, I discern nothing in the transcripts of the…